to whom he had lately given such large Priviledges by so Solemn an Act of Parliament Upon Notice of all which the Company 's Deputees went immediatly to the Senate and gave in a short Memorial in French which being faithfully Translated is as followeth Noble and Venerable Lords WE the Subscribers Deputees and Directors of the Indian and African Company of the Kingdom of Scotland Understanding that the Gentlemen His Majesty of Great Britain's Ministers here have presented a Memorial to your Lordships in which they seem to quarrel the Powers which have been granted to us by His Majesty and the Parliament of Scotland to make Treaties of Commerce with any Foreign Potentate Prince or State not in War with His Majesty the King our Soveraign for Enlarging the Trade and for the better Establishment of our said Company We pray your Lordships That you would be pleased to Communicat the said Memorial to us that we may take Measures accordingly Hamburgh the 9th day of April 1697. Your Lordships most humble and obedient Servants Jo. Erskine Jo. Haldan Will. Paterson The Senate thereupon recommended the Deputees above-nam'd to the Commercii in whose Hands the Memorial lay who gave them a Copy thereof Doubles of which were by the said Deputees dispatched to both the Secretaries of State for Scotland and to the Court of Directors of the Company And in the mean time the Merchants to assert their own Freedom and Priviledges Sign'd for considerable Sums in the Company 's Books But with a Condition to be void if the Company did not procure some Declaration from the King that might render them secure from the Threatnings and other Insinuations contain'd in the said Memorial To the Kings most Excellent Majesty The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please Your Majesty WHereas By the 32d Act of the 4th Session and by the 8th Act of the 5th Session of Your Majesties current Parliament as well as by Your Majesties Patent under the Great Seal of this Kingdom this Company is Established with such Ample Priviledges as were thought most proper for encouraging both Natives and Forreigners to Joyn in the Carrying on Supporting and Advancement of our Trade The most Considerable of the Nobility Gentry Merchants and whole Body of the Royal Burrows have upon the Inducement and Publick Faith of Your Majesties said Acts of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable Joynt-Stock than any was ever before rais'd in this Kingdom for any Publick Undertaking or Project of Trade whatsoever which makes it now of so much the more Universal a Concern to the Nation And for the better Enabling us to Accomplish the Ends of Your Majesties said Acts of Parliament and Letters Patent we have in Pursuance thereunto appointed certain Deputees of our own Number to Transact and Negotiat our necessary Affairs beyond Sea And at the same time to Treat with such Forreigners of any Nation in Amity with Your Majesty as might be inclinable to Joyn with us for the Purposes aforesaid In the Prosecution of which Commission to our said Deputees Vested with full Power and Authority according to Law we are not a little surpriz'd to find to the great Hindrance and Obstruction of our Affairs That Your Majesties Envoy to the Courts of Lunenburgh and Resident at Hamburgh have under Pretence of special Warrant from Your Majesty given in a Joint-Subscribed Memorial to the Senate of Hamburgh expresly Invading the Priviledges granted to our Company by your Majesty's said Acts of Parliament and Letsers Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifest Prejudices fince both the Senate and Inhabitants of the said City of Hamburgh are thereby contrary to the Law of Nations expresly threatned with your Majesty's high Displeasure if they or either of them should countenance or joyn with us in any Treaty of Trade or Commerce whatsoever which deprives us of the Assistance which we had reason to expect from several Inhabitants of that City For Redress whereof we do in all Duty and Humility Apply to your Majesty not only for the Protection and Mantenance of our Priviledges and Freedom of Trade but also for Reparation of Damnages conform to your Majesty's said Acts of Parliament and Letters Patent And do further beg leave to Represent to your Majesty That tho by the said Act of Parliament and Letters Patent we conceive our selves legally and sufficiently Authorized to Treat even with any Sovereign Potentate or Estate in Amity with your Majesty for the Support and Advancement of our Trade yet we by our said Deputees have only treated with particular and private Merchants of the said City of Hamburgh without ever making any the least Proposal to the Senate thereof And this we humbly conceiv to be the natural Right and Priviledge of all Merchants whatsoever even tho we had wanted the Sanction of so Solemn Laws And without some speedy Redress be had therein not only this Company but also all other individual Merchants of this Kingdom must from hence forward conclude That all our Rights and Freedom of Trade are and may be further by our Neighbours violently wrested out of our Hands We therefore to prevent the further evil Consequences of the said Memorial to our Company in particular do make our most Humble and Earnest Request to your Majesty that you would be Graciously pleased to grant us such Declaration as in your Royal Wisdom you shall think fit to render the Senate and Inhabitants of the said City of Hamburgh and all others that are or may be concern'd secure from the Threatings and other Suggestions contain'd in the said Memorial as well as to render us secure under your Majesty's Protection in the full prosecution of our Trade and free enjoyment of our lawful Rights Priviledges and Immunities contain'd in your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the Twenty Eight Day of June 1697 in Name Presence and by Order of the said Council-General by May it please your Majesty Your Majesties most Faithful most Dutiful most Humble and most Obedient Subject and Servant YESTER P. Memorandum That the Council-General of the Company did at the same time come to a Resolution of Representing the Premisses likewise to His Majesties most Honourable Privy Council but were afterwards prevailed upon to supersede that Resolution at the Secretaries of State 's earnest Desire they being both then here and upon their joint Engagement to procure a speedy Answer from his Majesty The King's Answer to the said Address By the Right Honourable John Earl of Tullibardin c. and Sir James Ogilvy Knight Principal Secretaries of State My Lords and Gentlemen WE are impowered by the King to signify unto you That as soon as His Majesty shall Return to England he will take into Consideration what you have Represented unto him
to believe that his not being allowed Access to His Majesty is upon the Account of his carrying an Address from this Company which every Body knows stands in great need of and has a just Right to His Majesties Royal Favour and Protection And which being the General Concern of the whole Nation is confidently expected signified to your Lordship by Order and in name of the Court of Directors by Edinbur the 9th day of January 1700. My Lord Your Lordships most humble Servant Pat. Scot. I. P C. D. A Letter from the Company to my Lord Basil Hamilton My Lord WE have your Lordships Letter of the 2d Instant by yesterdays Post in relation to to the Contents of which we send you herewith the Copy of a Letter which we have written by this Nights Post to both the Secretaries of State and likewise the Copy of another Letter which we had this morning from the Lord Chancellour upon the same head As our Company cannot but have a just sense of your Lordships generous condescension to the Council-Generals request in undertaking a troublesome Journey to London this time of the Year to wait upon and Solicite his Majesty about our Company 's Affairs with no other view but frankly to serve the Interest of your Country to the manifest neglect of your own So we cannot but heartily regret that the carrying of the Company 's Commission should be the occasion of putting such a distinguishing Mark upon a Person of your Lordships Quality and merit as to be denied access to His Majesties Person because you did not wait upon His Majesty when you were formerly at London No body can be so blind as not to see through this And whereas we never could hear that your Lordship did ever any thing unworthy of your Quality or inconsistent with the duty of a Loyal and Peaceable Subject So we are still hopefull that by your own prudent management His Majesty may be undeceived of any mis-representation he might have had of you that he will yet condescend to grant your Lordship access to his Royal Person with the Company 's said Address and give you a Gracious Answer to the Contents thereof and to the other particulars mention'd in your instructions An account whereof would be very welcome News in the midst of our misfortunes to the Company in general and particularly to the Court of Directors in whose Name and by whose Order this is from Edinburgh the 9th day of January 1700. My Lord Your Lordships most humble Servant Pat. Scot. I. P. C. D His Majesties Letter to His Council of Scotland William R. RIght Trusty and Right well beloved Cousin and Councellor Right Trusty and Entirely beloved Cousin and Councellour Right Trusty and well Beloved Cousins and Councellours Right Trusty and well Beloved Councellours and Trusty and well Beloved Councellours We greet you well WHEREAS The Council-General of the Company of that our Kingdom Trading to Africa and the Indies by their Letter to our Secretaries of the Fourth day of December last did desire That they might give their concurrence to procure a Gracious Return from Us to the Petition which they had sent with Lord Basil Hamilton And the said Lord Basil having communicated to Our Secretaries both the foresaid Petition and His Instructions And they having represented to us what is desired in behalf of the said Company and we having refused the said Lord Basil Hamilton Access to present the the foresaid Petition to Us for the Reasons We did Order our Secretaries to Comunicate to Our Chancellour Yet We being willing to give an Answer to what the said Company does desire You are therefore to call for some of the Council-General and acquaint them that We are resolved in the terms of our Treaties to demand from the King of Spain that Captain _____ Pinkarton and these of his Crew who are detained Prisoners at Carthagena be Released and set at Liberty And you may also acquaint them that our Subjects of that our Kingdom shall be allowed the same Liberty of Trade that others enjoy with the English Plantations And in general you may signifie to them Our Resolution to promote and advance the Trade of the Kingdom And the three Friggots they demand having been given by Parliament for guarding the Trade of the Coasts We are not resolved to dispose of them till we have the Advice of our Parliament And so we bid you heartily Farewel Given at our Court at Kensingtoun the Tenth day of January 1700 and of our Reign the Eleventh Year By his Majesties Command Sic Sub. Seafield Directed thus To Our Right Trusty and Right well Beloved Cousin and Councellor Our Right Trusty and Entirely Beloved Cousin and Councellor Our Right Trusty and well beloved Cousins and Councellours Our Right Trusty and well Beloved Councellours and to our Trusty and well Beloved Councellours Patrick Earl of Marchmont our Chancellor and the rest of the Lords and others of our Privy Council of our Ancient Kingdom of Scotland This is a true Copy taken from the principal and Subscribed by Gilb Eilot Cls. Sti. Con. An other Letter from the Council General of the Company to my Lord Basil Hamilton My Lord YOur Lordships Letters to the Court of Directors having been by them Communicated to us We cannot but acknowledge that as you have at our request frankly undertaken a troublesome Journey and Task to serve the Interest of your Country and our Company So we are fully satisfied that you have acquitted your self with a great deal of Prudence and Discretion in the execution of that Charge for which we render you most hearty Thanks But finding by a Letter of the 10th instant from His Majesty to the Lords of his Privy Council and by a former from the Secretaries of State to the Lord Chancellour Copies of both which are herewith inclosed That his Majesty has determin'd not to to allow your Lordship access to present our Address nor to impart to His Majesty what other things we gave you in charge by your Instructions We are heartily Sorry that your Lordships carrying of our Address should bring you you under any such disagreeable circumstances with His Majesty But the matter being so we cannot think it just to detain your Lordship any longer at London to the neglect of your own affairs at home and do therefore hereby signify that your Lordship may use your own Freedom to take Journey homeward as soon as you think fit and as may sute best with your conveniency This is in Name presence and by order of the Council-General of our Company from Edinburgh the 29th of January 1700. My Lord Your Lordships most humble Servant John Home P. Upon the first notice that was given of a National Address or Petition to His Majesty for the fltting of the Parliament the following Proclamation was emitted PROCLAMATION Anent Petitioning WILLIAM By the Grace of GOD King of Great Brittain France and Ireland Defender of the Faith To Macers
Kingdom 's Rights in this matter They have ordered us the Court of Directors to transmit the said Copies to your Lordship and expect your Lordships Answer to this and our late Petition to his Majesty before they remonstrate any further with relation thereunto This is in presence and by Warrant of the said Court of Directors from To the Right Honourable the Viscount of Seafield Secretary of State for the Kingdom of Scotland My Lord Your Lordships most humble Servant John Schaw P. The Secretary's Answer Whitehall Decemb. 13. 1698. SIR I Received a Letter from you as President of a Committee of the East-India Company which relates to Accounts they have had from their Correspondent at Hamburgh with the Copys of two Letters they have received I shall take the first convenient Opportunity I can have to represent this Matter to the King but I cannot as yet expect to have it For his Majesty is very much imployed in the Affairs of his Parliament here This is all the Answer I can give at present and which you may signify to those concerned I am To Sir John Schaw of Greenock c. SIR Your most faithful and humble Servant SEAFIELD A Letter from the Court of Directors in Answe to the Secretary Edinburgh Jan. 13. 1699. My Lord SIR John Schaw of Greenock having some time ago signified to the Court of Directors of our Company the Contents of a Letter which he received from your Lordship bearing date at Whitehall the 13th of December last intimating that your Lordship would take the first convenient opportunity of representing to his Majesty the Company 's Petition with relation to the Parliament's Address as also the Contents of the Company 's Letter to your Lordship bearing date the 24th of November last But in respect we have not all this time heard any further from your Lordship concerning that Matter this is by order of the said Court of Directors to put your Lordship in mind of the Premisses not doubting but you have had before this time a convenient opportunity to represent the same to his Majesty and in expectation of your Lordships speedy and satisfactory Answer I remain To the Right Honourable the Viscount of Seafield Secretary of State My Lord Your Lordships most humble Servant Archbald Mure. Pr. The Secretary's Answer Whitehall Febr. 7 1699. SIR I Have presented to his Majesty the Petition of the African Company and I am commanded by him to let you know That there being accounts that the Ships belonging to the Company are arriv'd upon the Coast of America And the particular Design not being communicated to his Majesty he therefore does delay to give any Answer untill he receive certain Information of their Settlement This you may signifiy to the Council or Directors of the Company as being by his Majesty's Command I am To Sir Archibald Mure of Thornton c. SIR Your most humble Servant Seafield A Letter from the Council-General of the Company to his Majesty giving an Account of their Colony's arrival and settlement at Darien c. May it please you Majesty WE your Majesty's most loyal and dutiful Subjects the Council-General of the Company of Scotland trading to Africa and the Indies having by express received an Account from the Council of our Companys Colony in America that they arriv'd safe at their intended Port within a League of Golden Island on the Coast of Darien and after having treated on board of our Ships with the Natives who were always ownd to â—e the only Proprietors of that part of the Coast our Men did at the request and with the consent of the said Natives land on the 4th of November last and take possession of an uninhabited Place never before possessed by any European whatsoever and that in pursuance of the said Treaty the chief Men and Leaders of the said Natives have join'd with and taken Commission from the said Council We thought it our Duty at our very first Meeting to give your Majesty an account thereof and likewise that by Letters from our said Council bearing date at New Edinburgh in Caledonia being the Name given to our present Settlement the 28th day of December last we are positively informed that the French have a Design upon all that Coast or at least to make a Settlement somewhere thereabouts And we humbly conceive that the firm Settlement of our Colony in those Parts may be the means of preventing or at least lessening the evil Consequences that may arise to your Majesty's Kingdoms and Dominions every where by the Settlement of any powerful foreign Neighbour in upon or near any part of that Coast And as we are always bound thankfully to acknowledge your Majesty's Goodness for granting us these Priviledges mentioned in the Acts of Parliament and your Majesty's Letters Patent by which our Company is established So we do now in all humility confidently expect your Majesty's Royal Favour and Protection as having in all the Steps of our Conduct through the whole Course of this Affair strictly observed the Conditions required by the said Acts of Parliament and Letters Patent And referring this together with the Contents of our last Petition to your Majesty's Royal Consideration to give such Directions therein as to your Royal Wisdom shall seem meet and expedient This is in Name Presence and by Warrant of the said Council-General Signed by Edinburgh the 31st day of March 1699. May it please your Majesty Your Majesty's most faithful most dutiful most humble and most obedient Subject and Servant TWEEDDALE A Letter from the Court of Directors to the Lord Carmichael Secretary of State then in waiting My Lord THis being the first Opportunity that we have had to Address your Lordship since your Advancement to that eminent Station and Place of Trust wherein you are We must account it a Happiness that upon Receipt of the late welcome News from our Colony's Company in America we can transmit an Account thereof to his Majesty by the hands of one so much devouted to the Honour and Interest of our Country and Company as your Lordship has upon all Occasions shewn your self and who being often Witness to our Company 's Proceedings from time to time can give a juster account thereof than any other that has no Interest in our Stock nor has ever been amongst us Inclosed you have our Council-General's seal'd Letter to his Majesty which we doubt not your Lordships will carefully deliver together with an exact Copy thereof for your Lordships better Information to which we refer but shall for your further Information enlarge a little upon the several Heads therein mention'd As to our place of Settlement it is so far from having ever been possess'd by any European whatsoever that by all the Accounts that we could ever yet get not only at this time from the Council of our Colony but even by such Letters as we have seen and heard of from Curacao and other American Islands no European did before our
before His Majesty And did likewise at the same time not only humbly Represent the Premisses to His Majesty's most Honourable privy-Privy-Council together with the train of ill Consequences that must necessarly attend such Treatment if not prevented by an early Redress but wrote also separately to both the Secretaries of State and such other Noble Persons of the Government as happen'd to be then at London To use their Joint Interest for procuring Justice in a Matter of such Universal Concern to the Honour Interest and Independency of the whole Kingdom All the Answer we obtain'd was by a Letter of the 17th of January 1698 from both the Secretaries of State That the King said He had already given Orders to His Resident at Hamburgh in that Matter conform to his Royal Letter from Flanders in July 1697 which was then communicated to the Company By which Answer together with what repeated Advices we had at the same time from Hamburgh that the English Ministers there had still positively disown'd their having got any such Orders we were put out of all Hopes of having any Redress untill we should have an Opportunity of laying the whole Matter before a Meeting of the Estates of Parliament But in the mean time we proceeded with all the Strength we had tho' extremely weak'ned by the Treatment above-narrated to make the best Preparations we could considering the Scarcity of these Years for sitting out an Equipage of Ships Men Provisions and other Necessaries for settling a Plantation in America in the Terms of the Acts of Parliament and Letters Patent above-mention'd And its evident by the very Constitutions of the Colony that they were calculated more for the general Advantage of the Nation and Posterity than for the particular and immediate Benefite of the Adventurers And the Parliament happening to meet the very next Day after our Ships had sail'd we did by our Humble Petition of the 22d of July 1698 Represent to his Grace His Majesties then High Commissioner and the Right Honourable Estates then assembled in Parliament the Treatment which our Company met with at London Hamhurgh as aforesaid the great Prejudices which we had sustain'd thereby and the many further Inconveniencies and evil Consequences that must necessarly have followed thereupon if upon any Account whatsoever the Parliament should happen to neglect the taking immediate Cognizance of such Usage And the Parliament having thereupon by their Unanimous Address of the 5th of August 1698 to His Majesty thought fit to manifest their own and the whole Nations Concern in that Matter earnestly entreating and most assuredly expecting That His Majesty would in His Royal Wisdom take such Measures as might effectually vindicate the Undoubted Rights and Priviledges of the said Company and support the Credit and interest thereof And the Parliament likewise by the same Address recommending the Concerns of the said Company to some special Marks of His Majesties Royal Favour as that Branch of the Trade of this Kingdom in which they and the Nation they represented had a more peculiar Interest The Court of Directors of our Company were thereby encourag'd to renew their Application to His Majesty with relation to the Memorial given in by His Ministers to the Senate of Hamburgh the same being specially mention'd in the Parliaments Address And in Consideration of the Dammages sustain'd by the Company through Means of that Memorial the Directors humbly Petition'd That His Majesty would be pleased for their Encouragement at that time as a Gracious Mark of His Royal Favour to bestow upon them the two smallest of the Frigots then and to this Hour lying useless in Bruntisland Harbour But our Company having no manner of Answer to either of these and being assured by several Letters from Hamburgh That both the English Ministers there had positively denyed their having received any such Orders as were long before promised and declared to have been given with Relation to that Memorial the Court of Directors of our Company did by their Letter of the 29th of November 1698 transmit Copies of the said Letters to the Viscount of Seafield then sole Secretary of State and entreated his Lordship to procure some speedy and effectual Answer from His Majesty to the Contents of both that Letter and their former Petition The Secretary by his Letter of the 13th of December 1698 returned for Answet That he would take the first convenient Opportunity he could have to represent that Matter to the King but that he could not expect to have it for some time because His Majesty was then very much imployed in the Affairs of his English Parliament We thereupon waited a full Month in expectation of some further Answer but getting none our Court of Directors did by a Letter of the 13th of January 1699 put the Secretary again in mind of our said Petition of the preceeding August and Letter of the 29th of November The Secretary by his Letter of the 7th of February 1699 signified That he had presented our Company 's Petition to His Majesty and was commanded to let us know that there being Accounts that the Ships belonging to the Company were arriv'd upon the Coast of America and the particular Design not being communicated to His Majesty He therefore delayed to give any Answer until he should receive certain Information of their Settlement Tho' we could not but be surpriz'd to find all our former Addresses and Petitions about Matters of such weighty Concern as are above narrated Answered after so long delay only with a seeming Charge for not having communicated to His Majesty a thing that was never in the least demanded of us by either the King Parliament Privy Council or Ministers of State we being limited to settle in the Terms of the Acts of Parliament as we should be Answerable Yet upon the very first Advice we had of our Colony's Settlement in Caledonia we by our Letters of the 31st of March and 1st of April 1699 gave a very full and dutiful Account thereof to His Majesty and to both the Secretaries of State together with an Account of the French Designs thereabouts and of what Import our said Settlement if duly protected might prove to the Interest and Security of all His Majesties Dominions and referred the same together with the Contents of our former Petitions to His Majesties Royal Consideration About this time it was That His Majesty was pleased to call the President of the Session and the Advocat to Court to the end as we understood that they jointly with both the Secretaries of State might in a Conference with several of the English Ministers satisfy His Majesty as to the Legality of our Company 's Settlement Which by all that ever we could learn was then and otherways since that time made clear beyond all manner of Dispute But while in the mean time we were pawning even our own particular Credits for sending the needful Supplies of Ships Men Provisions Arms Ammunition and other
Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament The humble Representation and Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Grace Right Honourable Estates WHEREAS By our former Petition of the 16th of May last we laid a Representation of the then Circumstances of our Company 's Affairs before your Grace and Right Honourable Estates Which being once read and nothing done thereupon we now humbly intreat that the same still lying in the Clerks Hands may at this time be again read considered in Parliament And do further Represent That since that time we have the Melancholly Assurance of what we then feared from the constant Course of our Discouragements that the Governour of Carthagena for the King of Spain His Majesty's Ally has from the Unneighbourly Instignation of those from whom we ought more reasonably to have expected Assistance been encouraged to make an Attempt for dispossessing our Colony of Caledonia And in order thereunto Blockaded them up by Sea attacked them by Land in the time of profound peace and that some of our said Colony being too easily frighten'd by their Apprehensions of those evil Consequences that they thought must necessarly have attended the many Discouragements and want of Protection which we labour'd under all along have unwarrantably taken upon them the Power to surrender our Company 's said Settlement to the Spaniards to the unspeakable Loss and great Dishonour of the Nation and that the West-India Proclamations mention'd in our former Petition being still as much in force and rigorously executed as ever against us we could not all this time nor cannot as yet expect the Liberty even of carrying off our Ships that are lying perishing at Port-Royal in Jamaica and Amboy-Perth in East-Jersey without your Interposition on our Company 's behalf for procuring to us Warrants from His Majesty directed to the respective Governours of those Parts for that effect especially since the Governour of Jamaica has at several times and to several Persons declared That he will not part with our Company 's Ship the Saint-Andrew without a special warrant from England and that all our Solicitations to the Secretaries of State for that end have hitherto proved ineffectual And we cannot but likewise Represent to your Grace and Right Honourable Estates how that the want of due Protection to our Company all along and the continued Tract of Encroachments upon its Priviledges Abroad without any Redress therein has encouraged some Persons to break in upon the Priviledges of our Company even at Home MAY it therefore Please Your Grace and Right Honourable Estates to take the Contents of this and our former Petition above-mention'd into your most serious Consideration to take such effectual Measures as in your Profound Wisdom you shall think fit for Asserting and Vindicating our Company 's Rights both abroad and at home for enabling it to prosecute its lawful Undertakings for procuring Reparation from the Spaniards and others for the Dammages sustained and for preventing the like Encroachments for the future Signed at Edinburgh the 28th day of October 1700 in Name Presence and by Warrant of the said Council-General By JOHN SCHAW I.P.C.G. FINIS Non solum ferit uncis cornibus hostem Verum etiam instanti laesa repugnat ovis Prop. THE CONTENTS THe Act of Parliament establishing a Company Trading to Africa and the Indies the 26th of June 1695. The Parliament of England's Address to His Majesty concerning the said Act the 13th of December and presented the 17th Ditto 1695 p. 1. His Majesty's most gracious Answer to that Address p 3. A Memorial given in to the Senate of Hamburgh by Sir Paul Rycaut Resident for his Majesty in that City and Mr. Cresset His Majesty's Envoy extraordinary at the Courts of Lunenburgh against the Company the 7th of April 1697. p. 4. The Answer p. 6. A Memorial given in thereupon to the Senate of that City by the Company 's Deputees the 9th of April 1697. Ibid. What was done thereupon p. 7. The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies to His Majesty upon that occasion the 28th of June 1697. Ibid. His Majesty's Answer to that Address the 2d of August 1697. p. 11 A Letter of Expostulation from the Directors of the Company to the Secretaries of State the 28th of September 1697. Ibid. The humble Address of the Council-General of the Company to His Majesty the 22d day of December 1697. p. 14. The humble Representation of the Council-General of the Company to His Majesty's most Honourable Privy Council the 22d day of December 1697. p. 16. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry the 25th day of December 1697. p. 19. A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's Second Address to His Majesty January the 17th 1698. p. 20 The humble Petition of the Council-General of the Company to His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament the 22th of July 1698. p. 21. The Parliament of Scotland's Address to His Majesty in relation to the Hamburgh-Memorial and the other Contents of that Petition The 28th of August 1698. p. 26. The humble Petition of the Court of Directors of the Company to His Majesty the 16th day of August 1698 in pursuance of the Parliament's Address p. 27. A Letter from Mr. Stevenson the Company 's Agent at Hamburgh to the Court of Directors of the Company the 4th of October 1698 concerning the Hamburgh-Memorial c. p. 29. A Letter from Ditto the 18th of October 1698. p. 30. A Letter from the Court of Directors of the Company to the Right Honourable the Viscount of Seafield Secretary of State the 29th of November 1698 relative to the former Letters p. 31. The Secretaries Answer the 13th of December 1698. p. 32. A Letter from the Court of Directors of the Company in Answer to the Secretary of State January 13th 1699. p. 33. A Letter from the Secretary of State the 17th of February 1699 in Answer to the Company 's Petition of the 16th of the preceeding August p. 34 A Letter from the Council-General of the Company to His Majesty giving an Account of the Colony's Arrival and Settlement at Darien and of the French Designs upon that Coast the 31th of March 1699. Ibid. A Letter from the Court of Directors to the Secretaries of State the 1st of April 1699 enlarging on the Contents of the preceeding Letter to the King p. 36. A Memorial presented to the King of Great Brittain by the Ambassadour Extraordinary of Spain against the Scots Settlement at Darien the 3d. of May 1699. p. 40 The first Memorial presented to his Majesty by the Lord President of the Session and Lord Advocat on behalf of the Company and asserting the legality of
but Occupation of one part is a sufficient Act to demonstrate the Will and Intention to possess the whole Pertinents And the Spaniards having possess'd these two Extremes the middle Space belongs to them especially seing they have also settled in other Places betwixt these two as their Conveniency did require tho' they did afterwards quite these Possessions as particularly they once possessed Nombre de Dios and did also plant within the River Darien and tho' they did quite these Possessions they did not relinquish or repudiate their Right but being better informed they choosed more convenient Seats but still reckoned themselves Proprietors of the whole Isthmus and divided the same in several Jurisdictions And the Natives upon that Isthmus were a mean inconsiderable People not to be regarded who could not be thought to retain any Right or Property in Opposition to the Power of Spain They further add That Spain hath been considered as undoubted Proprietors of the Bay of Mexico and of that Isthmus by other Nations in Christendom and most particularly by the English as is well known and will clearly appear in two remarkable Instances Several English Merchants having advanc'd their Stock for settling a Plantation at Port-Royal in the Bottom of the Bay of Campechay for cutting of Logwood they desired the Countenance and Protection of the Government for carrying on this profitable Trade The Case was considered by the Council of England and it was not found just to allow the Protection of the Government but were only left in a Permissive State to manage their Trade upon their Peril The Second Case which comes closer to the present Question was a Proposal by certain English Undertakers to settle in Darien as the Scots have done which being brought to the Council of Trade of England and by them laid before the Lords Justices in His Majesties Absence and transmitted to the King himself Upon a full Consideration of the Case that Project was thought to be an Encroachment upon Spain and let fall The King himself and Council of England being satisfied of the Right of Spain in these particular Cases of English Undertakers the same Judgment ought to follow in relation to the Scots Company To all that is alledged it 's shortly and clearly Answered That Spain hath neither Right by Treaties nor Possession to the Countrey now possess'd by the Scots And 1st Tho' it be acknowledg'd that the Spaniards have more Strength and larger Possessions on the South than upon the North Sea yet no Possession there can be extended to the North-side of the Isthmus being possess'd by a People Independent who never received the Spaniards or became subject to them The Spaniards indeed have made great Settlements upon the South Sea and in so far as they have possess'd have restricted the Natives to narrower Bounds but the Indians still continuing to possess what remains Possession on the Coast or the Mouths of Rivers on the South Sea can never be extended to the North Coast And the Spaniard can condescend upon no Ground in Law or Reason for such an Extension nor can they make appear that what the Scots possess is Part and Pertinent of their Plantation especially considering that the Isthmus of Darien is naturally divided by a Ridge of high Hills running from East to West Neither doth the possession of Carthagena and Porto-bello give Right to the interveening Countrey which is above 80 Leagues or 240 English Miles and these particular Forts as well as the whole Spanish Plantations on the South Sea being fixt without consent of the Natives who continue their Possession in the interveening Countrey without any Subjection to or acknowledgment of the Spaniard It lyes upon the Spaniards to condescend by what Rule the Limits of these Possessions can be so far extended As to what is alledged That the Spaniards have other Plantations nearer to the Scots Settlement from which they removed but still retain Possession and Jurisdiction It is Answered Admitting the matter of Fact as alledged it comes to nothing For still it is to be remembred That the Spaniard will not pretend to have planted with the consent of the Natives Nor that the Darien Indians have ever acknowledg'd Subjection but they planted by Force and Violence And therefore whatever Forts they made in the Isthmus of Darien the moment that these Plantations were left the Right and Possession of the Natives did return It is freely acknowledged That Possession lawfully obtain'd by an outward Act of the Body is retain'd by Acts of the Mind if no other possess but when Possession is taken by way of Fact and not actually detained the Right and Possession returns to the lawful Proprietor 2. This alledged Possession of Nombre de Dios and in the River of Darien is only pretended to have been at their first Settlement in America before they possess'd Carthagena and Porto-bello 3. None of these pretended Settlements are within 20 Leagues of the Scots Colony And tho Spain had yet Plantations there the Limits could as little be extended to 20 Leagues beyond the actual Possession as to a Thousand Neither can the Spaniards prove any Act of Jurisdiction over the Darien Indians whatever Title they may think fit to give to Governours or Vice-Roy's in America the Scots do neither know nor are oblig'd to notice the same If Titles were enough the King of Spain assumes a Glorious Title of Indiarum Rex but he has no more Jurisdiction over the Darien Indians than in the Plantations of any other European Prince As to what is alledg'd upon the Opinions given by the King and Council of England in relation to His Majesty's English Subjects projecting Settlements in America The Circumstances of the Projects and the Motives of any Resolution taken in them are wholly unknown to the Scots and nothing can be founded on such Matters of Fact unless the whole Circumstances were Authentically instructed or acknowledg'd but whatever was thought proper in these Cases nothing can be inferred from thence to determine this A Project is to be regulated either by Law or by Conveniency And it 's very ordinary and suteable That his Majesty and the Government may discourage the Project of an Undertaking if not Convenient tho lawful But when a Project is Undertaken Carried on and a Settlement made in pursuance of express Acts of Parliament and conform to a Patent there 's no more place to Deliberate what is fit but what is Lawful If the whole Circumstances were known many Disparities might also appear and from the bare relation of the Case of the intended Settlement in the Bay of Campechay a manifest Disparity is evident The Bay of Campechay is in the Province of Nicaragua in the Diocess of Chiapo which Province and Bishoprick are part of the Ancient Empire of Mexico which was conquered by Spain By the Conquest of Mexico the King of Spain as Conquerour had Right of Sovereignty as far as the Dominions of Mexico did extend and the
their Settlement in Darien the of May. 1699. p. 41. A Second Memorial by Ditto p. 51 A Third Memorial by Ditto p. 54. A Memorandum concerning the Spanish and French Ambassadours at the Court of England in September 1699. p. 74. The Council of Caledonia's Address to His Majesty delivered to the Secretaries of State the of September 1699. Ibid. A Proclamation by the Governour of Jamaica against the Company and Colony the 8th of April 1699. p. 77. A Proclamation by the Governour of Barbados against Ditto the 13th of April 1699. p 78. A Proclamation by the Governour of New-York against Ditto the 15th of May 1699. p. 79. A Proclamation by Ditto as Governour of New-England against Ditto the 3d. of June 1699. p. 81. A Second Proclamation by the Governour of Barbados against Ditto the 5th of September 1699. p. 83. The Council-General of the Company 's Petition to His Majesty concerning those Proclamations c. the 19th of October 1699. p. 84 His Majesty's Answer The 2d of November 1699. p. 87 The humble Address of the Council-General of the Company to His Majesty's most Honourable Privy Council upon that occasion The 20th of October 1699. p. 88. A Letter from the Council-General of the Company to the Secretaries of State concerning their humble Address to the King with relation to Captain Pinkerton c. the 4th of December 1699. p. 91. The humble Address of the Council-General of the Company to his Majesty concerning Captain Robert Pinkarton c. The 4th of December 1699. p. 92. A Letter from my Lord Chancellor to the Directors of the Company the 4th of January 1700. p. 96 A Letter from the Directors to each of the Secretaries of State the 9th of January 1700. concerning the Lord Chancellours said Letter p. 97. A Letter from the Directors of the Company to Lord Basil Hamilton concerning the Premisses the 9th of January 1700. p. 98. His Majesty's Answer to the Company 's Address by a Letter to His Privy Council of Scotland the 10th of January 1700. p. 100 Another Letter from the Council-General of the Company to Lord Basil Hamilton the 29th of January 1700. p. 102 A Proclamation anent Petitioning The 18th of December 1699. p. 103. The humble Address of the English House of Lords against the Company 's Settling a Colony at Darien presented to His Majesty the 12th of February 1700. p. 138. His Majesty's most gracious Answer to that Address p. 140 The first National Address Petitioning that His Majesty would be graciously pleased to allow the Parliament of Scotland to meet c. presented to His Majesty the 25th of March 1700. p. 105 His Majesty's most Gracious Answer p. 107. The humble Representation and Petition of the Company to His Grace His Majesty's High Commissioner and the Right Honourable Estates of Parliament the 16th of May 1700. p. 108 The humble Address and Petition of the Heretors of the Shire of Haddingtoun presented and read in Parliament the 27th of May 1700. p. 124 The heads of several Addresses from other Shires and Burghs which were likewise read in Parliament at the same time p. 126. An humble Address to His Majesty from the Plurality of the Members of Parliament then present concerning the manner of Adjourning the Parliament presented to His Majesty the 11th of June 1700. p. 127. His Majesty's most Gracious Answer His Majesty's most Gracious Declaration by way of Letter directed to His Grace the King 's High Commissioner and the Privy Council of Scotland Given at Loo the 26th of July 1700 and published after the manner of Proclamations Ibid. The last National Address presented to His Majesty the 16th of November 1700. p. 133 His Majesty's most Gracious Answer p. 137 The humble Representation and Petition of the Council-General of the Company to His Grace His Majesty's High Commissioner and the Right Honourable Estates of Parliament the 28th of October 1700. p. 142. FINIS A CATALOGUE of the several Books and Pamphlets that have been hitherto Published concerning the Indian and African Company of Scotland set down according to Order of time for the Information of the Curious 1. A Letter from a Member of the Parliament of Scotland to his Friend at London shewing the reasonableness of that Act by which the Company is established Printed 1695 2. Some seasonable and modest Thoughts c. humbly offered to R. H. a Member of the House of Commons of England 1696. 3. A Letter from a Gentleman in the Countrey to his Friend at Edinburgh 1696. 4. A Letter from a Merchant in Amsterdam to his Friend at Hamburgh concerning the Designs of the Scot Indian Company 1697. 5. Some Observations on it in a Letter from Hamburgh by way of Answer to it 1697. 6. A Letter from the Commission of the General Assembly of the Church of Scotland to the Council and Colony of Caledonia 1699. 7. A Defence of the Scots Settlement at Darien c. 1699. 8. A short and impartial view of the manner and occasion of the Scots Colony's coming away from Darien 1699. 9. A Defence of the Scots Abdicating Darien c. Written by Herostratus Junior alias Harris 1700. 10. A just and modest Vindication of the Scots design for the having established a Coloney at Darien c. with a Prefatory confutation of Harris 11. An Enquiry into the Causes of the Miscarriage of the Scots Colony at Darien containing a full Answer to Harris 's Libel 1700. 12. A short Vindication of the Defence of the Scots Abdicating Darien c. 1700. 13. Scotland 's present Duty Or a Call to the Nobility Gentry Ministry c. 1700. 14. Scotland 's Grievances with relation to Darien c. humbly offered to the consideration of the Parliament 1700. 15. A full and exact Collection of all the considerable Addresses Memorials Petitions Answers Proclamations Declarations Letters and other publick Papers relating to the Company of Scotland Trading to Africa and the Indies since the passing of the Act of Parliament by which it was established in June 1695 till November 1700 ☞ Nota The 4th 9th and 12th Pamphlets of this Catalogue are written against the Company and all the rest for it except the last which consists of a Collection of several publick Papers of different kinds upon the same Subject promiscuously gathered by an impartial hand Contraria juxta se posita clarius elucescunt